An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in arbitration, and is analogous to a judgment in a court of law.
Arbitral award, irrespective of the country in which it was issued, is recognized as binding and upon submission of a written request to the competent court, will be executed automatically, taking into account the provisions of law.
The party applying for recognition or enforcement of foreign arbitral award shall submit to the court award in the original or a duly certified copy thereof. If the award and the arbitration agreement are written in a foreign language, a party must submit documents certified in accordance with the law and translated into Moldovan language. Foreign arbitral award can be submitted for enforcement in the Republic of Moldova within three years from the date of its entering into force, according to the law of the state where it was pronounced. The foreign arbitral award which was not executed voluntarily may be enforced in the Republic of Moldova at the request of the creditor, under an approval given by common law court of appeal in whose jurisdiction the execution must be conducted.
Refusal to recognize and allow enforcement of foreign arbitral award.
Recognition and Enforcement of foreign arbitral award may be refused at the request of the party against whom it is aimed, if that party will provide to the competent court in which recognition or enforcement is sought evidence that:
a) one of the parties to the arbitration agreement was under some incapacity or the said agreement is not valid under the law, which the parties have subjected it or, failing any indication – the law of the country where the award was issued;
b) party against whom the award is issued was not notified in the manner prescribed by law about the election (appointment) of arbitrators or about arbitration proceedings, or for other valid reasons could not be present before the arbitration to give testimony;
c) arbitration award was rendered in a dispute that was not provided by the arbitration agreement or not falling within its terms;
d) the arbitration award contains provisions on matters not covered by the arbitration agreement;
e) the composition of arbitration or arbitration procedure does not meet the agreement of the parties or, failing that, does not comply with the law of the country where the arbitration took place;
f) The decision has not yet become binding for the parties, or has been revoked, or its execution has been suspended by the court of the country in which, or under the law of which it was issued.
The court also refuses the recognition and enforcement of foreign arbitration decisions if it is ascertained that the dispute cannot be a subject to arbitration under the law of the Republic of Moldova and the recognition and enforcement of the award would be contrary to public order of the Republic of Moldova.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice in field of litigation is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.